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(영문) 서울중앙지방법원 2015.09.09 2013가단323520
전세금상환
Text

1. The Defendant’s KRW 58,382,734 as well as the Plaintiff’s annual rate from December 14, 2013 to September 9, 2015.

Reasons

1. Basic facts

A. On July 13, 2007, the Plaintiff entered into a contract to establish a lease on a deposit basis with respect to the lease on a deposit basis for the first floor of 55 square meters (limited to the instant real estate) among the three-story buildings located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (hereinafter “instant real estate”), which are owned by the Foundation, as the foundation foundation, and the Plaintiff entered into a contract to establish a lease on a deposit basis from July 13, 2007 to July 12, 2009. On the same day, the Plaintiff completed the registration of the establishment of a lease on a deposit basis for the instant real estate under Article 39835 of the Seoul Central District Court’s receipt of the registration of the Seoul Central District Court.

B. The Plaintiff continued to use and benefit from the instant real estate even after the expiry of the term of chonsegwon, and the Nonparty corporation did not raise an objection thereto.

On March 12, 2011, the Plaintiff leased the instant real estate to D(E) with a deposit of KRW 1,00,000, monthly rent of KRW 300,000, and period of lease from April 1, 201 to April 1, 2013.

C. The Plaintiff requested the return of the lease deposit against the non-party corporation, but the non-party corporation did not comply with it, and the Plaintiff applied for a payment order claiming the return of the lease deposit under the court 201 tea60778. The said payment order order was served on August 18, 201 on the non-party corporation and became final and conclusive around that time.

The plaintiff applied for a compulsory auction on October 11, 201 based on the original copy of the above payment order, and the decision to commence compulsory auction on October 12, 201 was issued by the F of this Court.

(hereinafter “instant real estate auction”). D.

On December 14, 201, when the real estate auction procedure of this case was in progress, the non-party corporation donated the real estate of this case to the defendant and completed the registration of transfer of ownership based on the same day donation.

E. On June 15, 2012, the Plaintiff and the Defendant agreed to the effect that “the Plaintiff withdraws the instant real estate auction, and the Defendant shall pay the Plaintiff the auction expenses incurred by the Plaintiff and pay the Plaintiff the interest amounting to KRW 70 million,000,000 as the last day of each month.”

(c).

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